Owens, Britney

Applicant Britney Owens filed a petition for removal challenging the WCJ's April 10, 2025 order setting the matter for a bifurcated trial on defendant's post-termination defense. Applicant contended that discovery was not complete. The Appeals Board, applying the extraordinary-remedy standard for removal, found that applicant failed to show substantial prejudice or irreparable harm and that reconsideration would be an adequate remedy. The Board observed that since defendant bears the burden at trial to establish the date of injury under Labor Code section 3208.3(e), and was proceeding on its affirmative defense alone, applicant would not be prejudiced—rather, defendant proceeds at its own peril. The petition for removal was denied.